One letter was not authored by an employer as required by 8 C.F.R. § 204.5(g)(1) and (l)(3)(ii)(A). Additionally, 18 months of the claimed experience was in the title of 'associate,' which was not an approved alternate occupation under the labor certification and could not be counted.
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One letter was not authored by an employer as required by 8 C.F.R. § 204.5(g)(1) and (l)(3)(ii)(A). Additionally, 18 months of the claimed experience was in the title of 'associate,' which was not an approved alternate occupation under the labor certification and could not be counted.
recognition for achievements and significant contributions
证据为何得到认可
AAO finds the letters qualify at the plain-language step, but at final merits the tours appear routine and profitability is not a singular achievement, so the evidence does not show expertise significantly above ordinary.
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AAO finds the letters qualify at the plain-language step, but at final merits the tours appear routine and profitability is not a singular achievement, so the evidence does not show expertise significantly above ordinary.
AAO finds the employer letters meet the plain-language requirement, but on final merits the described duties parallel ordinary OOH descriptions of farmers/agricultural managers and do not demonstrate exceptional ability.
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AAO finds the employer letters meet the plain-language requirement, but on final merits the described duties parallel ordinary OOH descriptions of farmers/agricultural managers and do not demonstrate exceptional ability.
AAO finds the diplomas/certificates qualify under the plain language at step 1, but at the final merits step the credentials are vocational and standard for Dutch dairy farmers and do not show expertise significantly above ordinary.
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AAO finds the diplomas/certificates qualify under the plain language at step 1, but at the final merits step the credentials are vocational and standard for Dutch dairy farmers and do not show expertise significantly above ordinary.
The license was narrow in scope (three milk-production functions), only a 90-day temporary license obtained after the petition was filed and expired before the appeal was filed.
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The license was narrow in scope (three milk-production functions), only a 90-day temporary license obtained after the petition was filed and expired before the appeal was filed.
AAO raised the bona fide job offer issue sua sponte based on Illinois state records showing the petitioner was inactive; petitioner did not respond to the 45-day notice.
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AAO raised the bona fide job offer issue sua sponte based on Illinois state records showing the petitioner was inactive; petitioner did not respond to the 45-day notice.
leading or critical role for distinguished organizations
证据为何得到认可
AAO affirmed the director's conclusion that the evidence of record supports a finding that the beneficiary performed in a leading or critical role for organizations with a distinguished reputation.
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AAO affirmed the director's conclusion that the evidence of record supports a finding that the beneficiary performed in a leading or critical role for organizations with a distinguished reputation.
Ability to pay the proffered wage from priority date to present
AAO 为什么未被说服
All submitted documents predated the priority date; the 2008 financials were unaudited and therefore unreliable; and the 2007 auditor's report contained a disclaimer due to the petitioner's Chapter 11 bankruptcy, meaning no reliable evidence of ability to pay from priority date forward was presented.
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All submitted documents predated the priority date; the 2008 financials were unaudited and therefore unreliable; and the 2007 auditor's report contained a disclaimer due to the petitioner's Chapter 11 bankruptcy, meaning no reliable evidence of ability to pay from priority date forward was presented.